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H0109..................................................by AGRICULTURAL AFFAIRS
SOIL CONSERVATION COMMISSION - Amends, repeals and adds to existing law to set
forth the legislative determination and declaration of policy; to define
terms; to revise powers, functions and duties of the Soil Conservation
Commission; to provide that certain activities of soil conservation districts
include appropriate best management practices; to provide for a priority list
of conservation improvements and projects; to provide grants from the State
Soil Conservation Commission General Fund; to revise purposes of the grants;
to provide criteria for participant applications; to revise procedures for
review, evaluation and approval of grant applications; to provide for
cost-share contracts or projects; to revise the purposes for which contracts
or projects may be obtained; to revise procedures for filing, review,
evaluation, investigation and approval of applications for proposed contracts
or projects; and to provide for funding upon approval of cost-share grants.
01/23 House intro - 1st rdg - to printing
01/24 Rpt prt - to Agric Aff
02/07 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/12 3rd rdg - PASSED - 67-0-3
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones,
Kellogg, Kulczyk, Lake, Langford, Martinez, McGeachin, McKague, Meyer,
Miller, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo,
Roberts, Robison, Rydalch, Sali, Sayler, Schaefer(Schaefer), Shepherd,
Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Deal, Langhorst, Mitchell
Floor Sponsor - Bolz
Title apvd - to Senate
02/13 Senate intro - 1st rdg - to Agric Aff
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Stennett
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
03/14 Pres signed
03/17 To Governor
03/20 Governor signed
Session Law Chapter 107
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 109
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO SOIL CONSERVATION DISTRICTS; REPEALING SECTION 22-2716, IDAHO
3 CODE; AMENDING CHAPTER 27, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW
4 SECTION 22-2716, IDAHO CODE, TO SET FORTH THE LEGISLATIVE DETERMINATION
5 AND DECLARATION OF POLICY; AMENDING SECTION 22-2717, IDAHO CODE, TO ALPHA-
6 BETIZE, REVISE AND ADD DEFINITIONS; AMENDING SECTION 22-2718, IDAHO CODE,
7 TO PROVIDE CORRECT TERMINOLOGY, TO REVISE POWERS, FUNCTIONS AND DUTIES OF
8 THE SOIL CONSERVATION COMMISSION AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
9 ING SECTION 22-2722, IDAHO CODE, TO STRIKE A CODE REFERENCE, TO PROVIDE
10 THAT CERTAIN ACTIVITIES OF SOIL CONSERVATION DISTRICTS INCLUDE APPROPRIATE
11 BEST MANAGEMENT PRACTICES AND TO MAKE TECHNICAL CORRECTIONS; REPEALING
12 SECTIONS 22-2728 AND 22-2729, IDAHO CODE; AMENDING SECTION 22-2730, IDAHO
13 CODE, TO CLARIFY A COMMISSION TITLE, TO PROVIDE CORRECT TERMINOLOGY AND TO
14 PROVIDE FOR A PRIORITY LIST OF CONSERVATION IMPROVEMENTS, PROJECTS AND THE
15 WATER QUALITY PROGRAM FOR AGRICULTURE; AMENDING SECTION 22-2731, IDAHO
16 CODE, TO PROVIDE FOR THE ALLOCATION OF THE RESOURCE CONSERVATION AND
17 RANGELAND DEVELOPMENT FUND FOR THE PURPOSE OF IMPLEMENTING CONSERVATION
18 IMPROVEMENTS AND PROJECTS; AMENDING SECTION 22-2733, IDAHO CODE, TO PRO-
19 VIDE FOR GRANTS FROM THE STATE SOIL CONSERVATION COMMISSION GENERAL FUND,
20 TO PROVIDE THAT APPLICATIONS MAY BE FILED BY ELIGIBLE PARTICIPANTS, TO
21 REVISE THE PURPOSES FOR WHICH GRANTS MAY BE OBTAINED, TO PROVIDE CRITERIA
22 FOR PARTICIPANT APPLICATIONS, TO REVISE THE PROCEDURES RELATED TO THE
23 REVIEW, EVALUATION AND APPROVAL OF GRANT APPLICATIONS AND TO MAKE TECHNI-
24 CAL CORRECTIONS; AND AMENDING SECTION 22-2734, IDAHO CODE, TO PROVIDE FOR
25 COST-SHARE CONTRACTS OR PROJECTS FROM THE STATE SOIL CONSERVATION COMMIS-
26 SION GENERAL FUND, TO PROVIDE THAT APPLICATIONS MAY BE FILED BY ELIGIBLE
27 PARTICIPANTS, TO REVISE THE PURPOSES FOR WHICH CONTRACTS OR PROJECTS MAY
28 BE OBTAINED, TO REVISE THE PROCEDURES RELATED TO THE FILING, REVIEW, EVAL-
29 UATION, INVESTIGATION AND APPROVAL OF APPLICATIONS FOR PROPOSED CONTRACTS
30 OR PROJECTS, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE FOR FUNDING UPON
31 APPROVAL OF COST-SHARE GRANTS AND TO MAKE A TECHNICAL CORRECTION.
32 Be It Enacted by the Legislature of the State of Idaho:
33 SECTION 1. That Section 22-2716, Idaho Code, be, and the same is hereby
34 repealed.
35 SECTION 2. That Chapter 27, Title 22, Idaho Code, be, and the same is
36 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
37 ignated as Section 22-2716, Idaho Code, and to read as follows:
38 22-2716. LEGISLATIVE DETERMINATION AND DECLARATION OF POLICY. (1) It is
39 the determination of the state of Idaho that:
40 (a) Forest lands, rangelands and agricultural lands maintained in a
41 healthy condition are a legitimate land use contributing to the economic,
42 social and environmental well-being of the state and its citizens;
2
1 (b) It is essential to the general welfare of all citizens of this state
2 that multiple use conservation improvements be implemented on a broader
3 scale on both public and private lands;
4 (c) Due to numerous economic and practical issues relating to the
5 improvements of individual tracts of land, both public and private
6 resource conservation improvements, projects and programs of the nature
7 contemplated by this chapter would enhance the economic productivity and
8 environmental quality of the state; and
9 (d) It is sound public policy for the state of Idaho to provide for
10 accounts to finance loans, grants, cost-share funding and tax incentives
11 to the end that forest lands, rangelands and agricultural lands within the
12 state can provide the greatest benefit to all concerned.
13 (2) It is the intent of the state of Idaho to provide a means by which
14 funds, including federal, state, private and other moneys, can be obtained and
15 utilized for the accelerated development of water quality programs, multiple
16 use forest land, rangeland, and agricultural land conservation improvements in
17 the state, and to provide that these improvements, projects and programs be
18 locally planned, coordinated and implemented through statutory provisions per-
19 taining to soil conservation districts, the state soil conservation commis-
20 sion, appropriate state and federal agencies, and the owners and operators of
21 privately owned lands.
22 (3) It is in the best interest of the state of Idaho:
23 (a) To emphasize nonregulatory, science-based technical assistance,
24 incentive-based financial programs and informational and educational pro-
25 grams at the local level;
26 (b) To maintain, preserve, conserve and rehabilitate forest lands,
27 rangelands and agricultural lands to assure the protection and productiv-
28 ity of the state's natural resources;
29 (c) That soil conservation districts, as governmental subdivisions, and
30 the state soil conservation commission, as a state agency, are the primary
31 entities to provide assistance to private landowners and land users in the
32 conservation, sustainment, improvement and enhancement of Idaho's natural
33 resources;
34 (d) To establish policies for cooperative working relationships between
35 local soil conservation districts, the state soil conservation commission,
36 local, state and federal agencies and public and private groups to plan,
37 develop and implement conservation goals and initiatives with local land-
38 owners and land users;
39 (e) That soil conservation districts and the state soil conservation com-
40 mission lead nonregulatory efforts to conserve, sustain, improve and
41 enhance Idaho's private and state lands and to provide assistance to pri-
42 vate landowners and land users to plan, develop and implement conservation
43 plans addressing soil, water, air, plant and animal resources. Technical,
44 financial and educational assistance to landowners and land users is vital
45 to that effort; and
46 (f) That the state soil conservation commission provide support to soil
47 conservation districts in the wise use and enhancement of soil, water and
48 related resources.
49 (4) It is the policy of the state of Idaho:
50 (a) To provide appropriate tax policies and program mechanisms that pro-
51 vide incentives for private landowners and land users to voluntarily man-
52 age forest lands, rangelands and agricultural lands in a manner that pro-
53 motes conservation;
54 (b) That the health, safety and general welfare of the people of this
3
1 state can be greatly enhanced by providing nonregulatory opportunities to
2 landowners and land users in order to increase the ability of such land-
3 owners and land users to readily understand and plan for local, state and
4 federal natural resource requirements and opportunities through technolog-
5 ical innovation and processes;
6 (c) To enhance natural resource productivity in order to promote a strong
7 natural resource sector, reduce unintended adverse effects of resource
8 development and use, protect individual and community health and safety
9 and encourage stewardship;
10 (d) That conservation plan implementation shall include best management
11 practices implemented according to the standards and specifications devel-
12 oped by the United States department of agriculture natural resources con-
13 servation service (NRCS) as designated by the agricultural pollution
14 abatement plan. Those practices shall include, but not be limited to:
15 irrigation water management systems; prescribed grazing; forest stand
16 improvement; establishment of grass, trees and shrubs to reduce wind and
17 water erosion; promotion of sound community development; protection of
18 water and air resources from agricultural nonpoint sources of impairment;
19 maintenance, restoration or enhancement of wetlands and fish and wildlife
20 habitat; protection of upstream watersheds from flood risk; and protection
21 of watersheds from the effects of chronic water shortages and risks; and
22 (e) That all conservation programs authorized pursuant to this chapter
23 shall deliver services fairly and equitably, strengthen the conservation
24 district delivery system, provide timely science-based information and
25 provide conservation information and educational programs and experiences
26 to youth and adults.
27 SECTION 3. That Section 22-2717, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 22-2717. DEFINITIONS. Whenever used or referred to in this act chapter,
30 unless a different meaning clearly appears from the context:
31 (1) "Agency of this state" includes the government of this state and any
32 subdivision, agency, or instrumentality, corporate or otherwise, of the gov-
33 ernment of this state.
34 (2) "Agricultural pollution abatement plan" or "ag plan" means the docu-
35 ment developed by the state soil conservation commission and approved by the
36 commission and the department of environmental quality, that provides appro-
37 priate technical, programmatic, informational and educational processes,
38 guidelines and policies for addressing agricultural pollution.
39 (3) "Agriculture" or "department of agriculture" means an executive
40 department of state government created in section 22-101, Idaho Code.
41 (4) "Best management practices" or "BMPs" means practices, techniques, or
42 measures developed or identified by the designated agency and identified in
43 the state water quality management plan which are determined to be a cost-ef-
44 fective and practicable means of preventing or reducing pollutants generated
45 from nonpoint sources to a level compatible with water quality goals.
46 (5) "Commission" or "state soil conservation commission" means the agency
47 created in section 22-2718, Idaho Code.
48 (6) "Conservation plan" means a description of identified natural
49 resource issues and a specific schedule of implementation of component prac-
50 tices necessary to resolve those specific resource issues as agreed upon by
51 the landowner.
52 (7) "Designated agency" is as defined in section 39-3602, Idaho Code.
4
1 (8) "District," or "conservation district," "soil conservation district,"
2 or "soil and water conservation district" means a governmental subdivision(s)
3 of this state, and a public body corporate and politic, organized in accor-
4 dance with the provisions of this act, for the purposes, with the powers, and
5 subject to the restrictions hereinafter set forth.
6 (2) "Supervisor" means one (1) of the members of the governing body of a
7 district elected or appointed in accordance with the provisions of this act.
8 (3) "Commission" or "state soil conservation commission" means the agency
9 created in section 22-2718, Idaho Code.
10 (4) "Agriculture" or "department of agriculture" means an executive
11 department of state government created in section 22-101, Idaho Code.
12 (5) "Petition" means a petition filed under the provisions of subsection
13 A. of section 22-2719, Idaho Code, for the creation of a district.
14 (6) "Nominating petition" means a petition filed under the provisions of
15 section 22-2721, Idaho Code, to nominate candidates for the office of supervi-
16 sor of a soil conservation district.
17 (7) "State" means the state of Idaho.
18 (8) "Agency of this state" includes the government of this state and any
19 subdivision, agency, or instrumentality, corporate or otherwise, of the gov-
20 ernment of this state.
21 (9) "United States" or "agencies of the United States" includes the
22 United States of America, the natural resources conservation service of the
23 United States department of agriculture, and any other agency or instrumental-
24 ity, corporate or otherwise, of the United States of America.
25 (10) "Government" or "governmental" includes the government of this state,
26 the government of the United States, and any subdivisions, agency, or instru-
27 mentality, corporate or otherwise, of either of them.
28 (11) "Landowner" includes any person, firm, or corporation who shall hold
29 title to any lands lying within a district organized under the provisions of
30 this act. A buyer on contract, who is the occupier of land, shall be construed
31 as landowner.
32 (129) "Due notice" means notice published at least twice, with an inter-
33 val of at least seven (7) days between the two (2) publication dates, in a
34 newspaper or other publication of general circulation within the appropriate
35 area, or if no such publication of general circulation be available, by post-
36 ing at a reasonable number of conspicuous places within the appropriate area,
37 such posting to include, where possible, posting at public places where it may
38 be customary to post notices concerning county or municipal affairs generally.
39 At any hearing held pursuant to such notice, at the time and place designated
40 in such notice, adjournment may be made from time to time without the neces-
41 sity of renewing such notice for such adjournment dates.
42 (13) "Qualified elector" means any person who is qualified to vote pursu-
43 ant to the requirements of section 34-104, Idaho Code.
44 (10) "Eligible applicant" means an individual agricultural owner, opera-
45 tor, partnership, corporation, conservation district, irrigation district,
46 canal company or other agricultural or grazing interest.
47 (11) "Government" or "governmental" includes the government of this state,
48 the government of the United States, and any subdivisions, agency, or instru-
49 mentality, corporate or otherwise, of either of them.
50 (142) "Idaho association of soil conservation districts (IASCD)" means an
51 incorporated, nongovernmental entity representing all soil conservation dis-
52 tricts in Idaho.
53 (153) "Idaho OnePlan" means a computer-based system for improving effi-
54 ciency and effectiveness of natural resource planning by landowners and land
5
1 users.
2 (14) "Landowner" or "owner" includes any person, firm, or corporation who
3 shall hold title to any lands lying within a district organized under the pro-
4 visions of this chapter. A buyer on contract, who is the occupier of land,
5 shall be construed as landowner.
6 (15) "Land user" means any entity with a lease, permit or similar busi-
7 ness agreement with a landowner to implement, manage or utilize such land for
8 activities related to use of the land.
9 (16) "Natural resources conservation service" or "NRCS" means the agency
10 governed by the provisions of 16 U.S.C. section 590a through 590d and 590f.
11 (17) "Nominating petition" means a petition filed under the provisions of
12 section 22-2721, Idaho Code, to nominate candidates for the office of supervi-
13 sor of a soil conservation district.
14 (18) "Participant" means an individual agricultural owner, operator, part-
15 nership, private corporation, conservation district, irrigation district,
16 canal company, or other agricultural or grazing interest approved by the com-
17 mission or an individual agricultural owner, operator, partnership, or private
18 corporation approved for implementation of conservation improvements, proj-
19 ects, or the water quality program for agriculture.
20 (19) "Petition" means a petition filed under the provisions of subsection
21 A. of section 22-2719, Idaho Code, for the creation of a district.
22 (20) "Project sponsor" means a conservation district, irrigation district,
23 canal company, or other agricultural or grazing interest, as determined appro-
24 priate by the commission, that enters into a conservation improvement or water
25 quality project agreement with the commission.
26 (21) "Qualified elector" means any person who is qualified to vote pursu-
27 ant to the requirements of section 34-104, Idaho Code.
28 (22) "Riparian land" means the beds of streams, the adjacent vegetation
29 communities and the land thereunder, which are predominately influenced by
30 their association with water and are privately owned.
31 (23) "Specifications" means the materials, operations and procedures nec-
32 essary to obtain the desired standards of construction and installation.
33 (24) "Standards" means the minimum limits of technical excellence of a
34 component practice for its planning, design and construction.
35 (25) "State" means the state of Idaho.
36 (26) "Supervisor" means one (1) of the members of the governing body of a
37 district elected or appointed in accordance with the provisions of this act.
38 (27) "Total maximum daily load" is as defined in section 39-3602, Idaho
39 Code.
40 (28) "United States" or "agencies of the United States" includes the
41 United States of America, the natural resources conservation service of the
42 United States department of agriculture, and any other agency or instrumental-
43 ity, corporate or otherwise, of the United States of America.
44 SECTION 4. That Section 22-2718, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 22-2718. STATE SOIL CONSERVATION COMMISSION. A.(1) There is hereby estab-
47 lished and created in the department of agriculture of the state of Idaho the
48 state soil conservation commission which shall in cooperation with the direc-
49 tor of the department of agriculture perform all functions conferred upon it
50 by this chapter. The soil conservation commission shall be a nonregulatory
51 agency. The commission shall consist of five (5) members appointed by the gov-
52 ernor, but no more than three (3) members shall be a member of the same polit-
6
1 ical party. The term of office of each commission member shall be five (5)
2 years; except that upon July 1, 1967, the governor shall appoint one (1) mem-
3 ber for a term of one (1) year, one (1) member for a term of two (2) years,
4 one (1) member for a term of three (3) years, one (1) member for a term of
5 four (4) years and one (1) member for a term of five (5) years. From and after
6 the initial appointment the governor shall appoint a member of the commission
7 to serve in office for a term of five (5) years commencing upon July 1 of that
8 year. A vacancy which occurs in an unexpired term shall be filled for its
9 remainder by the governor's appointment. Any commissioner may be removed dur-
10 ing his term of office by the governor. Any commissioner so removed shall have
11 notice of the same in writing, specifying the reasons for the removal. Each
12 vacancy on the commission shall be filled by appointment by the governor. Such
13 appointments shall be confirmed by the senate. The commission may invite the
14 state conservationist of the United States department of agriculture natural
15 resources conservation service, the president of the Idaho association of soil
16 conservation districts and the dean of the college of agriculture of the uni-
17 versity of Idaho or his designated representative to serve as nonvoting advi-
18 sory members of the commission. The commission shall keep a record of its
19 official actions, shall adopt a seal, which seal shall be judicially noticed,
20 and may perform such acts, hold such public hearings, and promulgate such
21 rules as may be necessary for the execution of its functions under this act
22 chapter.
23 B.(2) The director of the department of agriculture shall appoint the
24 administrator of the soil conservation commission from persons recommended by
25 the soil conservation commission. The state soil conservation commission may
26 employ such technical experts and such other agents and employees, permanent
27 and temporary, as it may require, and shall determine their qualifications,
28 duties and compensation. The commission may call upon the attorney general of
29 the state for such legal services as it may require. It shall have authority
30 to delegate to its chairman, to one (1) or more of its members, or to one (1)
31 or more agents or employees, such powers and duties as it may deem proper. It
32 shall be supplied with suitable office accommodations, and shall be furnished
33 with the necessary supplies and equipment. Upon request of the commission, for
34 the purpose of carrying out any of its functions, the supervising officer of
35 any state agency, or of any state institution of learning shall insofar as may
36 be possible under available appropriation, and having due regard to the needs
37 of the agency to which the request is directed, assign or detail to the com-
38 mission members of the staff or personnel of such agency or institution of
39 learning, and make such special reports, surveys, or studies as the commission
40 may request.
41 C.(3) The commission shall designate its chairman, and may from time to
42 time, change such designation. A majority of the commission shall constitute a
43 quorum, and the concurrency of a majority in any matter within their duties
44 shall be required for its determination. The chairman and members of the com-
45 mission shall be compensated as provided by section 59-509(h), Idaho Code. The
46 commission shall provide for the execution of surety bonds for all employees
47 and officers who shall be entrusted with funds or property; shall provide for
48 the keeping of a full and accurate record of all proceedings and of all reso-
49 lutions, and orders issued or adopted; and shall provide for an annual audit
50 of the accounts of receipts and disbursements.
51 D.(4) In addition to the duties and powers hereinafter conferred upon the
52 state soil conservation commission, it shall have the following responsibili-
53 ties:
54 (1a) To offer such assistance as may be appropriate to the supervisors of
7
1 soil conservation districts, organized as provided hereinafter, in the
2 carrying out of any of their powers and programs.
3 (2b) To keep the supervisors of each of the several districts organized
4 under the provisions of this act chapter informed of the activities and
5 experience of all other districts organized hereunder, and to facilitate
6 an interchange of advice and experience between such districts and cooper-
7 ation between them.
8 (3c) To coordinate the progress of the several soil conservation dis-
9 tricts organized hereunder so far as this may be done by advice and con-
10 sultation.
11 (4d) To secure the cooperation and assistance of the United States and
12 any of its agencies, and of agencies of this state, in the work of such
13 districts.
14 (5e) To disseminate information throughout the state concerning the
15 activities and programs of the soil conservation districts in areas where
16 their organization is desirable.
17 (6f) To provide for the establishment and encouragement of the "Idaho
18 OnePlan" as a primary computer-based conservation planning process for all
19 natural resource concerns. Establishment and encouragement will be accom-
20 plished through an executive group and steering committee both containing
21 private, state and federal representation. The information provided by
22 those using the "Idaho OnePlan" shall be deemed to be trade secrets, pro-
23 duction records or other proprietary information and shall be kept confi-
24 dential and shall be exempt from disclosure pursuant to section 9-340D,
25 Idaho Code.
26 (5) In addition to other powers, functions and duties of soil conserva-
27 tion districts and the state soil conservation commission provided in this
28 chapter, the commission shall have the following additional powers, functions
29 and duties:
30 (a) The commission shall conduct, in cooperation with appropriate federal
31 and state agencies and the owners and operators of privately owned forest
32 lands, rangelands and agricultural lands in this state, conservation
33 improvements on or in respect to these lands for the purposes of imple-
34 menting conservation systems to conserve and improve natural resource con-
35 ditions;
36 (b) The commission shall assist and advise soil conservation districts
37 and other entities in implementing the conservation improvements, proj-
38 ects, and the water quality program for agriculture. To the extent that
39 there are available general funds, the commission shall provide for grants
40 and cost-share opportunities and, as legislatively designated, utilize the
41 resource conservation and rangeland development fund for loans for conser-
42 vation improvements. Provided however, that the commission shall determine
43 whether general or resource conservation and rangeland development funds
44 are available before approving any conservation improvements, projects,
45 and cost-share opportunities and, after having made such determination,
46 shall enter into the necessary contracts for implementation;
47 (c) The state soil conservation commission shall be the agency responsi-
48 ble for the administration of funds accruing to the resource conservation
49 and rangeland development fund and for all general funds appropriated as a
50 separate and distinct action of the legislature to implement the powers,
51 functions and duties of soil conservation districts and the commission;
52 and
53 (d) The commission shall promulgate such rules as are necessary to carry
54 out the purposes of this chapter.
8
1 SECTION 5. That Section 22-2722, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 22-2722. POWERS OF DISTRICTS AND SUPERVISORS. A soil conservation dis-
4 trict organized under the provisions of this act chapter shall constitute a
5 governmental subdivision of this state, and a public body corporate and poli-
6 tic, exercising public powers, and such district, and the supervisors thereof,
7 shall have the following powers, in addition to others granted in other sec-
8 tions of this act chapter:
9 (1) To conduct surveys, investigations, and research relating to the
10 character of soil erosion, floodwater and sediment damages, for the conserva-
11 tion, development, utilization, and disposal of water and the prevention and
12 control measures, and works of improvement needed, to publish results of such
13 surveys, investigations, or research, and to disseminate information concern-
14 ing such preventive and control measures and works of improvement; provided,
15 however, that in order to avoid duplication of research activities, no dis-
16 trict shall initiate any research program except in cooperation with the gov-
17 ernment of this state or any of its agencies or with the United States or any
18 of its agencies;
19 (2) To conduct demonstrational projects within the district on lands
20 owned or controlled by this state or any of its agencies, with the cooperation
21 of the agency administering and having jurisdiction thereof, and on any other
22 lands within the district upon obtaining the consent of the owner of such
23 lands or the necessary rights of interests in such lands, in order to demon-
24 strate by example the means, methods, and measures by which soil and soil
25 resources may be conserved, and soil erosion in the form of soil-blowing and
26 soil-washing may be prevented and controlled; works of improvement for flood
27 prevention and the conservation, development, utilization, and disposal of
28 water may be carried out;
29 (3) To carry out preventive and control measures and works of improvement
30 for flood prevention or the conservation, development, utilization, and dis-
31 posal of water within the districts including, but not limited, to, engineer-
32 ing operations, methods of cultivation, the growing of vegetation, changes in
33 use of land, and the measures listed in subsection C of section 22-2716 other
34 appropriate best management practices, on lands owned or controlled by this
35 state or any of its agencies, with the cooperation of the agency administering
36 and having jurisdiction thereof, and on any other lands within the district
37 upon obtaining the consent of the owner of such lands or the necessary rights
38 or interests in such lands;
39 (4) To cooperate, or enter into agreements with, and within the limits of
40 appropriations duly made available to it by law, to furnish financial or other
41 aid, to any agency, governmental or otherwise, or any owner of lands within
42 the district, in carrying on erosion-control erosion control and prevention
43 operations and works of improvement for flood prevention and the conservation,
44 development, utilization, and disposal of water within the district, subject
45 to such conditions as the supervisors may deem necessary to advance the pur-
46 pose of this act chapter;
47 (5) To obtain options upon and to acquire, by purchase, exchange, lease,
48 gift, grant, bequest, devise, or otherwise, any property, real or personal, or
49 rights or interests therein and all such property shall be exempt from taxa-
50 tion for state, county and municipal purposes; to maintain, administer, and
51 improve any properties acquired, to receive income from such properties and to
52 expend such income in carrying out the purposes and provisions of this act
53 chapter; to sell, lease, or otherwise dispose of any of its property or inter-
9
1 ests therein in furtherance of the purposes and provisions of this act
2 chapter;
3 (6) To make available, on such terms as it shall prescribe, to land land-
4 owners within the district, agricultural and engineering machinery or equip-
5 ment, as will assist such landowners to carry on operations upon their lands
6 for the conservation of soil resources and for the prevention and control of
7 soil erosion and for flood prevention or the conservation, development, utili-
8 zation, and disposal of water;
9 (7) To construct, improve, operate and maintain such structures as may be
10 necessary or convenient for the performance of any of the operations autho-
11 rized in this act chapter;
12 (8) To develop comprehensive plans for the conservation of soil resources
13 and for the control and prevention of soil erosion and for flood prevention or
14 the conservation, development, utilization, and disposal of water within the
15 district, which plans shall specify in such detail as may be possible, the
16 acts, procedures, performances, and avoidances which are necessary or desir-
17 able for the effectuation of such plans, including the specifications of engi-
18 neering operations, method of cultivation, the growing of vegetation, cropping
19 programs, tillage practices, and changes in use of land, and to publish such
20 plans and information and bring them to the attention of occupiers of lands
21 within the district;
22 (9) To take over, by purchase, lease, or otherwise, and to administer,
23 any soil-conservation soil conservation, flood-prevention flood prevention,
24 erosion-control erosion control, or erosion-prevention erosion prevention
25 project, or combination thereof, located within its boundaries undertaken by
26 the United States or any of its agencies, or by this state or any of its agen-
27 cies; to manage, as agent of the United States or any of its agencies; or of
28 this state or any of its agencies, any soil-conservation soil conservation,
29 flood-prevention flood prevention, erosion-control erosion control, or ero-
30 sion-prevention erosion prevention project, or combination thereof, within its
31 boundaries; to act as agent for the United States, or any of its agencies, or
32 for this state or any of its agencies, in connection with the acquisition,
33 construction, operation, or administration of any soil-conservation, flood-
34 prevention, erosion-control, or erosion-prevention project, or combination
35 thereof, within its boundaries; to accept donations, gifts, and contributions
36 in money, services, materials, or otherwise, from the United States or any of
37 its agencies, or from this state or any of its agencies, and use or expend
38 such moneys, services, material, or other contributions in carrying on its
39 operations.;
40 (10) To sue and be sued in the name of the district; to have a seal,
41 which seal shall be judicially noticed; to have perpetual succession unless
42 terminated as hereinafter provided; to make and execute contracts and other
43 instruments, necessary or convenient to the exercise of its powers; to make,
44 and from time to time amend and repeal, rules and regulations not inconsistent
45 with this act chapter, to carry into effect its purposes and powers;
46 (11) As a condition to the extending of any benefits under this act chap-
47 ter to, or the performance of work upon, any lands not owned or controlled by
48 this state or any of its agencies, the supervisors may require contributions
49 in moneys, services, materials, or otherwise to any operations conferring such
50 benefits, and may require landowners to enter into and perform such agreements
51 or covenants as to permanent use of such lands as will tend to prevent or con-
52 trol erosion and prevent floodwater and sediment damages thereon;
53 (12) No provisions with respect to the acquisition, operation, or dispo-
54 sition of property by other public bodies shall be applicable to a district
10
1 organized hereunder unless the legislature shall specifically so state.
2 SECTION 6. That Sections 22-2728 and 22-2729, Idaho Code, be, and the
3 same are hereby repealed.
4 SECTION 7. That Section 22-2730, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 22-2730. RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT FUND CREATED.
7 (1) There is hereby created in the state treasury a fund to be known as the
8 Idaho resource conservation and rangeland development fund, which shall con-
9 sist of all moneys which may be appropriated to it by the legislature or made
10 available to it from federal, private, or other sources. The state treasurer
11 is directed to invest all unobligated moneys in the fund. All interest and
12 other income accruing from such investments shall accrue to the fund. The
13 state soil conservation commission may expend from the fund such sums as it
14 shall deem necessary for any of the conservation improvements, projects and
15 programs provided for under this act chapter under such terms and conditions
16 provided for in its rules and the water quality program for agriculture.
17 (2) The Idaho state soil conservation commission shall establish a prior-
18 ity list of priority projects for control of agricultural nonpoint source pol-
19 lution conservation improvements, projects and the water quality program for
20 agriculture. These The priority lists shall be used as the method for alloca-
21 tion of funds granted, or loaned or cost-shared under this act chapter.
22 SECTION 8. That Section 22-2731, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 22-2731. ALLOCATION OF FUND. The Idaho resource conservation and range-
25 land development fund shall be allocated for use:
26 (1) By the state soil conservation commission to eligible applicants for
27 conservation improvements which it deems to be "in the public interest" in
28 such amounts as are necessary for the implementation of conservation measures
29 identified in a conservation plan;
30 (2) By the commission to eligible applicants for the purpose of conserva-
31 tion improvements on rangelands, agricultural lands, and riparian lands, which
32 will provide environmental enhancement to soil, water, wildlife, and related
33 resources;
34 (3) By the commission for the purpose of implementing conservation
35 improvements, projects and the water quality program for agriculture.
36 SECTION 9. That Section 22-2733, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 22-2733. GRANTS FROM STATE SOIL CONSERVATION COMMISSION GENERAL FUND --
39 APPLICATION -- APPROVAL -- GRANT AGREEMENT. (a1) Eligible applicants or par-
40 ticipants may file an application with the local soil conservation district or
41 the state soil conservation commission for a grant from the state soil conser-
42 vation commission general fund for the purpose of financing conservation
43 improvements, costs projects, and implementation of the water quality program
44 for agriculture. Such application shall be filed in such a manner and shall be
45 in such form, and be accompanied by such information as may be prescribed by
46 the commission; provided, however, that any such application filed with the
47 district or the commission under the provisions of this section shall:
11
1 (1a) Describe the nature and purpose of the improvements or conservation
2 plan implementation project.
3 (2b) Set forth or be accompanied by an improvement project plan approved
4 by the local soil conservation district or the commission that identifies
5 the practices to be applied, together with such technical and economic
6 feasibility data and estimated costs as may be required by the commission.
7 (3c) State whether money other than that for which application is made
8 under this section will be used for improvement project or conservation
9 plan implementation costs, and whether such money is available or has been
10 sought for this purpose.
11 (4d) Show that the applicant or participant holds or can acquire title to
12 all lands or has necessary easements and rights-of-way to implement the
13 project plan.
14 (b2) The commission and local soil conservation district will keep each
15 other informed of grant applications received. Within sixty thirty (630) days
16 of receipt of an application, the local soil conservation district or the com-
17 mission shall review and evaluate and, if it deems deemed necessary, investi-
18 gate all aspects of the proposed improvement, project or conservation plan. As
19 part of such investigation, the district or the commission shall determine
20 whether the project plan is satisfactory. If the district or the commission
21 determines that the plan is unsatisfactory, it shall return the application to
22 the applicant or participant and the district or the commission may make such
23 recommendations to the applicant or participant as are considered necessary to
24 make the plan satisfactory. If the district or the commission determines
25 either the plan or a plan revised pursuant to recommendation of the district
26 or commission is satisfactory, it shall be considered for funding.
27 (c3) The commission may approve a grant if after review, evaluation, and
28 investigation if necessary, it finds that:
29 (1a) The applicant or participant is qualified and responsible.;
30 (2b) The improvement, project, or conservation plan demonstrates public
31 benefits.; and
32 (3c) That money in the resource state soil conservation and rangeland
33 development commission general fund is available for the grant.
34 (d4) If the commission approves a grant, the applicant or participant
35 shall enter into an agreement covering the grant offer and acceptance of the
36 grant for implementing the improvement, project, or conservation plan. The
37 agreement shall be improvement, project, or conservation plan specific. The
38 terms and conditions shall be those specified by the commission.
39 (e5) Upon approval of the grant and securing all necessary documents, the
40 commission will make available, in the approved form, project or contract
41 funding.
42 SECTION 10. That Section 22-2734, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 22-2734. COST-SHARE FROM STATE SOIL CONSERVATION COMMISSION GENERAL FUND
45 -- APPLICATION -- APPROVAL. (1) Eligible applicants or participants may file
46 an application with the local soil conservation district or the state soil
47 conservation commission for a cost-share contract, or project, or program from
48 the state soil conservation commission general fund for the purpose of financ-
49 ing agricultural, and grazing or other conservation improvements, projects or
50 implementation of the water quality program for agriculture. Such application
51 shall be filed in such a manner and shall be in such form and be accompanied
52 by such information as may be prescribed by the commission; provided however,
12
1 that any such application filed with the district or the commission under the
2 provisions of this act section shall:
3 (a) Describe the nature and purposes of the improvements and projects
4 requiring cost-sharing;
5 (b) Set forth or be accompanied by a plan that identifies the conserva-
6 tion improvements or projects, together with such technical and economic
7 feasibility data and estimated costs as may be required by the commission;
8 (c) State whether money other than that for which application is made
9 under this act section will be used for costs, and whether such money is
10 available or has been sought for this purpose;
11 (d) Show the proposed project is feasible from a technical standpoint and
12 is economically justified.
13 (2) The commission and the local soil conservation district will keep
14 each other informed of cost-share applications received. Within sixty thirty
15 (630) days of receipt of an application, for a cost-share project, the local
16 soil conservation district or the commission shall review and evaluate and, if
17 it deems deemed necessary, investigate all aspects of the proposed contract or
18 project. As part of such investigation, the district or the commission shall
19 determine whether the plan for development of the conservation improvements or
20 projects is satisfactory. If the district or the commission determines the
21 plan is unsatisfactory, it shall return the application to the applicant or
22 participant and the appropriate agency district or the commission may make
23 such recommendations to the applicant or participant as are considered neces-
24 sary to make the plan application satisfactory. If When the commission deter-
25 mines the plan either the application or an application revised pursuant to
26 recommendation of the district or commission is satisfactory, it shall be con-
27 sidered for funding.
28 (3) The commission may approve a cost-share grant contract to an appli-
29 cant or participant for conservation projects and improvements if, after
30 review, evaluation and investigation, it finds that:
31 (a) The applicant or participant is qualified and responsible;
32 (b) The conservation improvement or project demonstrates public benefit;
33 (c) There is reasonable assurance that the applicant or participant will
34 adhere to contract terms; and
35 (cd) The money in the resource conservation and rangeland development
36 fund is available for the cost-share project Money is available in the
37 state soil conservation commission general fund for cost-share.
38 (4) Upon approval of the cost-share contract or cost-share grant, and
39 securing of all necessary documents, the commission will make funding avail-
40 able.
STATEMENT OF PURPOSE
RS 12367
Revise Title 22, Chapter 27, Idaho Code to re-state the roles and
responsibilities for the Soil Conservation Districts and the
Commission in more understandable, modern language. Further, it
consolidates into one section Commission Powers and
responsibilities, which were previously scattered through Chapter
27. The proposed legislation also is a housekeeping measure to
reflect a number of changes in funding of the RCRDP grant and
Water Quality Program for Agriculture cost-share component in
previous legislative sessions.
FISCAL IMPACT
No fiscal impact at this time.
Contact
Name: Jerry Nicolescu, Department of Agriculture
Phone: 208-332-8649
STATEMENT OF PURPOSE/FISCAL NOTE H109